Medical Examination (Seafarers) Convention, 1946 (No. 73) - Malta (Ratification: 1990)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 6 of the Convention. Exceptions. The Committee notes that section 108(2) of the Merchant Shipping Act (Cap. 234) provides that a person may be authorized, by the shipping master or by a Maltese consular officer, to be employed on board a ship without a medical certificate on the grounds of urgency but only for a single voyage. While this provision of the Merchant Shipping Act substantially complies with the exception possibility set out in this Article of the Convention, the Committee wishes to draw the Government’s attention to Standard A1.2(8) of the Maritime Labour Convention, 2006 (MLC, 2006), which limits possible exemptions to urgent cases and only until the next port of call, provided that the period of such exemption does not exceed three months and that the seafarer is in possession of an expired medical certificate of recent date. Recalling that the main provisions of Convention No. 73 have been incorporated in Regulation 1.2, Standard A1.2, and Guideline B1.2 of the MLC, 2006, the Committee requests the Government to continue to ensure compliance with the provisions of Convention No. 73 in a manner that would also facilitate the implementation of corresponding requirements of the MLC, 2006, once ratified and entered into force. It also requests the Government to keep the Office informed of any progress made as regards the process of ratification of the MLC, 2006.

Part V of the report form. Application in practice. The Committee requests the Government to provide information concerning the practical application of the Convention, including, for instance, the number of medical certificates issued during the reporting period, a sample copy of the medical certificate form currently in use, and extracts from inspection reports showing the number and nature of any infringements observed.

Finally, the Committee draws the Government’s attention to the new Guidelines on the medical examinations of seafarers adopted by the Joint ILO–IMO Meeting on Medical Fitness Examination of Seafarers and Ships’ Medicine Chests, which took place in Geneva in September 2011. These Guidelines apply to seafarers in accordance with the requirements of the Maritime Labour Convention, 2006, (MLC, 2006), and the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW Convention). They are intended to provide maritime administrations with an internationally recognized set of criteria for use by competent authorities, and contain in appendices, among others, a suggested format for recording medical examinations of seafarers and a model medical certificate for service at sea.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee takes note of the Government’s report.

Article 8 of the Convention. Examination by an independent medical referee. In its previous comments, the Committee noted that the Minister for Transport and Communications issued the Merchant Shipping (Medical Examination) Regulations, 2001. It noted that under Regulation 9(1) of the Regulations, a person who is aggrieved by: (a) the refusal of a duly qualified medical practitioner to issue him with a medical certificate; (b) any restriction imposed on such a certificate; or (c) the suspension for a period of more than three months or cancellation of that certificate by a duly qualified medical practitioner pursuant to Regulation 8 thereof, may apply to the Registrar-General for the matter to be reviewed by a single medical referee appointed by the Registrar-General. The Committee requested the Government to indicate how the independence of such medical referee of any shipowner or of any organization of shipowners or seafarers is assured. Noting that the Government has not provided information in this regard, the Committee recalls that, by virtue of Article 8 of the Convention, arrangements shall be made to enable a person who, after examination, has been refused a certificate to apply for a further examination by a medical referee or referees who shall be independent of any shipowner or of any organization of shipowners or seafarers. The Committee once again requests the Government to indicate how the independence of such medical referee of any shipowner or of any organization of shipowners or seafarers is assured.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report. It notes that section 108 of the Merchant Shipping Act has been recently amended so that, subject to the provisions of this Article, no person shall be employed in any capacity in any Maltese ship unless there has been delivered to the master of the ship a certificate granted by a duly qualified medical practitioner certifying that the person is fit to be employed in that capacity.

The Committee further notes that the Minister for Transport and Communications has issued the Merchant Shipping (Medical Examination) Regulations, 2001. It notes that under regulation 9(1) of these Regulations, a person who is aggrieved by: (a) the refusal of a duly qualified medical practitioner to issue him with a medical certificate; (b) any restriction imposed on such a certificate; or (c) the suspension for a period of more than three months or cancellation of that certificate by a duly qualified medical practitioner pursuant to regulation 8 thereof, may apply to the Registrar-General for the matter to be reviewed by a single medical referee appointed by the Registrar-General. The Committee requests the Government to indicate how the independence of such medical referee of any shipowner or of any organization of shipowners or seafarers is assured.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report. It notes that section 108 of the Merchant Shipping Act has been recently amended so that, subject to the provisions of this Article, no person shall be employed in any capacity in any Maltese ship unless there has been delivered to the master of the ship a certificate granted by a duly qualified medical practitioner certifying that the person is fit to be employed in that capacity.

The Committee further notes that the Minister for Transport and Communications has issued the Merchant Shipping (Medical Examination) Regulations, 2001. It notes that under regulation 9(1) of these Regulations, a person who is aggrieved by: (a) the refusal of a duly qualified medical practitioner to issue him with a medical certificate; (b) any restriction imposed on such a certificate; or (c) the suspension for a period of more than three months or cancellation of that certificate by a duly qualified medical practitioner pursuant to regulation 8 thereof, may apply to the Registrar-General for the matter to be reviewed by a single medical referee appointed by the Registrar-General. The Committee requests the Government to indicate how the independence of such medical referee of any shipowner or of any organization of shipowners or seafarers is assured.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

In its previous comments the Committee noted the Government’s indication that, under section 110 of the Merchant Shipping Act (Cap. 234), a medical certificate is required before the employment on board ship of young persons, but that there exists no similar provision applicable to other members of the crew. The Committee notes the Government’s indication in its latest report that the Malta Maritime Authority was preparing proposals to amend the Merchant Shipping Act and that the medical examination is among the proposals. It also notes that meanwhile the inspectors of shipping verify that members of the crew are medically fit.

The Committee requests the Government to provide full information on progress made in the application of the Convention either in the framework of the amendments to the Merchant Shipping Code or through specific legislation. Recalling also its 1999 General Observation under this Convention, the Committee further requests the Government to provide full particulars concerning the manner in which the competent authority ensures effective supervision of both the quality and the reality of medical examinations for non-resident, foreign seafarers.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government's indication in its brief first report that under section 110 of the Merchant Shipping Act (Cap. 234) a medical certificate is required before the employment on board ship of young persons, but that there exists no similar provision applicable to the other members of the crew. The Committee requests the Government to provide detailed information on measures taken or envisaged to implement the provisions of the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government's indication in its brief first report that under section 110 of the Merchant Shipping Act (Cap. 234) a medical certificate is required before the employment on board ship of young persons, but that there exists no similar provision applicable to the other members of the crew. The Committee requests the Government to provide detailed information on measures taken or envisaged to implement the provisions of the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's indication in its brief first report that under section 110 of the Merchant Shipping Act (Cap. 234) a medical certificate is required before the employment on board ship of young persons, but that there exists no similar provision applicable to the other members of the crew. The Committee requests the Government to provide detailed information on measures taken or envisaged to implement the provisions of the Convention.